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A person who dies in a traffic crash is just as dead whether the accident was caused by a drunk driver, a cell phone user, an aggressive driver, or a drugged driver. They must all be stopped.

The American system of justice is based on the principle that it’s better to let the guilty go unpunished than to punish the innocent. Breath tests of blood alcohol concentration (BAC) are really simply estimates of BAC, which can only be tested accurately by drawing a sample of blood. That’s why not all states permit the use of breathalyzer estimates to be used.

Because of many reasons, breathalyzers are several times more likely to record a falsely high than a falsely low BAC reading. This suggests that the innocent are several times more likely to be falsely convicted than the guilty are to go unpunished.

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The three groups are affected differently by measures to limit drinking and driving. “Normal” drivers can be deterred by the legal consequences of arrest and sanction for impaired driving and also can be affected by education and prevention methods. Arguably, much of the reduction in alcohol-involved crashes may have come from changes in the behavior of this group. In contrast, alcoholics are unlikely to be affected by anything that does not deal directly with their alcoholism. Traffic safety can play an important role by screening DWI offenders for alcohol problems and assuring that they are referred to treatment as appropriate, but other traffic safety measures are unlikely to have much effect. “High-risk” drivers are perhaps the hardest group to affect. Deterrence, even arrest and punishment, may have little influence on their behavior. Some high-risk behavior is outgrown as drivers mature. However, since high-risk behavior is rooted so deeply in some drivers’ personalities, any change requires measures for broader than those available to traffic safety.

In addition, some judges and some states may require you to participate in alcohol or drug treatment programs as part of a parole program or have an ignition interlock device installed on your vehicle. You may also receive as a condition of parole (probation) that you not drink any alcoholic beverage while on parole, or not even enter a tavern.

What proportion of motor vehicle crashes involves alcohol? The most reliable information about alcohol involvement comes from fatal crashes. In 2002, 32 percent of fatally injured drivers had BACs of at least 0.08 percent. Although alcohol may not have been a causal factor in all of the crashes, this statistic is frequently used to measure the change over time in alcohol involvement in fatal crashes.

Bayviewlaw.com In absolute numbers, that’s an increase of about one-one thousandth percent, or as the Associate Press reported, it was “up slightly.” Mothers Against Drunk Driving (MADD) reported that alcohol-related traffic fatalities increased as part of a growing epidemic.

Because the NHTSA statistic is an estimate that is assumed to vary either higher or lower than the true number by an unknown degree, statistically-speaking it is unchanged. Therefore, Reuters News Service reported that alcohol-related traffic fatalities “remained unchanged.”

Breath testers also assume as constants certain ratios within the human body that actually vary widely from person to person and within the same person over time. For example, many breath-testing machines assume a 2,100-to-1 ratio in converting alcohol in the breath to estimates of alcohol in the blood. However, this ratio varies from 1,900 to 2,400 among people and also within a person over time. This variation will lead to false BAC readings. Some breath analysis machines assume a hematocrit (cell volume of blood) of 47%. However, hematocrit values range from 42 to 52% in men and from 37 to 47% in women. A person with a lower hematocrit will have a falsely high BAC reading. These machines appear to discriminate against female suspects.

Mothers Against Drunk Driving (MADD), which strongly promotes them, implies that sobriety roadblocks are legal throughout the entire United States without exception. It says that “the U.S. Supreme Court on June 14, 1990 upheld the use of sobriety checkpoints to detect and deter impaired drivers. Previous appeals to the Supreme Court to review the constitutionality of such checkpoints had been declined, which allowed high state court rulings to stand. The June 14, 1990 ruling clearly upheld the constitutionality of such enforcement measures.” 4

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